“Testimonies, documentary evidence and the facts and circumstances surrounding this case as produced in this court are not sufficient to warrant conviction of the defendant for the crime as charged and as such, the defendant is herein acquitted of all charges,” that was how the former Assistant Minister of Administration at the Ministry of Post and Telecommunications got his freedom.On February 4, Mr. Terry S. Genesis, a passionate supporter of the present government was purged off the crime of 'Theft of Property and Fraud following two months of trial in Criminal Court “C”.  In his ruling into the matter, Judge Karboi Nuta presiding yesterday cited the Criminal Procedure Law Reversed 2.2 Syl.1 and 37LLR at Page 695 Syl. 1 and 37LLR at Page 761 Syl. 1, 39LLR at Page 870 Sly. 5 and 6 found at Page 50 and said, “from the testimonies, documentary evidence and laws cited; there appears nothing convincingly showing that the alleged actors ever met jointly or separately as parties to agree to commit the act of theft of property and fraud”. 

Receiving the ruling on behalf of prosecution, Cllr. Beyan Howard except; but the court ruled that looking at the doctrine of conspiracy; it cannot be applied in such case because there must be three essential elements to establish conspiracy. “The first is the actors' agreement; the second is the actors' benefit or consideration and the third is the actors' role. The actors never can show how they separately or together benefited or would have benefited and the mere fact that the actors did not have an agreement or no benefit shows that they obviously could not lead the goal to be achieved and therefore conspiracy and its doctrine can not exist”, the court maintained in its ruling. On November 18, 2009, the case was assigned for hearing in the Criminal Court “C” and as usual the indictment was read and the defendant then, Mr. Genesis pleaded not guilty.  After several assignments, the State made a motion to have the trial proceeded separately without the other defendants but the counsels for the defendant argued. The defense informed the court of his client's decision to make trial proceeded with while prosecution motioned to the court to nollie pros quoi two of the defendants leaving Mr. Genesis for trial.

The court being the judge and with the facts associated with law, prosecution proceeded with the trial thereby producing five. Four regular and one rebuttal testified and were crossed examined and provided clarity to the court in addition with some documentary evidence substantiating the case. Prosecution rested and admitted into evidence and submitted the case for ruling. Defense produced its defendant Genesis as its only witness who was crossed examined by prosecution. During the cross examination, prosecution gave notice to the court that it would produce a rebuttal witness. Upon the discharge of defense's witness who testified to documentary evidence and same were admitted, the counsel for the defendant represented by Sylvester Rennie motioned to the court for acquittal on grounds that the prosecution has failed to prove its case and that there exists variance and reasonable doubts which must operate in the defendant's favor.

The motion was denied following arguments on grounds that the burden of proof of the crime charged lies on the State and it must be given the full opportunity to do so having been notified of prosecution's rebuttal witness.   On January 19, 2010, prosecution produced its rebuttal witness. Upon the discharge of said witness, prosecution submitted the case for final argument. Final arguments were held after which the court sought to consider the principle of the doctrine of conspiracy which according to the court is suited for understanding the case at bar.   After careful and thorough consideration, the court narrowed the issue to be documentary evidence and testimonies sufficient to warrant a conviction of the defendant for the crime charged. Meanwhile, the free man, Terry Genesis, told judicial reporters outside the courtroom that he thanks God now that he is a happy man going home to inform his family who had struggled many days without food.    Mr. Genesis said he is dispassionate about President Ellen Johnson Sirleaf for falsely accusing him when Minister Jeremiah Sulunteh who he alleged to have stolen some US75, 000 is still there while he (Terry) is being used as a scapegoat.

He said the government's fight against corruption is like chasing the wind because his case is just a tip of an iceberg of what is happening in government when the real culprits are not being dragged to justice.    “Government had no cogent evidence to convict me. I was falsely accused, dismissed harshly and grossly by the President. The President did not do due diligence. She did not do me justice. I am going with every power of my being and I will get my money/salary retroactive. I will ensure that Sulunteh resuscitate the US$ 75,000 he stole. I have all documents” Terry vented out his anger.  He concluded that he will sue the government for defamation of his character adding, “No distraction will stop me from preaching my vision. Now that I am acquitted, I will continue to expose any act of corruption”.